Official Code of Georgia Annotated

Title 32. HIGHWAYS, BRIDGES, AND FERRIES · Chapter 4. STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS · Article 4. MUNICIPAL STREET SYSTEMS · Part 1. GENERAL POWERS AND DUTIES OF MUNICIPALITY

32-4-93. Liability of municipalities for defects in public roads.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
A municipality is relieved of any and all liability resulting from or occasioned by defects in the public roads of its municipal street system when it has not been negligent in constructing or maintaining the same or when it has no actual notice thereof or when such defect has not existed for a sufficient length of time for notice thereof to be inferred.#
(b)
A municipality is relieved of any and all liability resulting from or occasioned by defective construction of those portions of the state highway system or county road system lying within its corporate limits or resulting from the failure of the department or the county to maintain such roads as required by law unless the municipality constructed or agreed to perform the necessary maintenance of such road.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Civil Code 1895, § 749; Civil Code 1910, § 898; Code 1933, § 69-303; Ga. L. 1961, p. 469, § 4; Code 1933, § 95A-505, enacted by Ga. L. 1973, p. 947, § 1.

Cross references

Liability of municipal corporations for acts or omissions of officers, T. 36, C. 33.

Law reviews

For article discussing necessity of liability insurance for Georgia counties and municipalities, and constitutional authority of the units to provide such insurance, see 25 Ga. B.J. 35 (1962). For article discussing Georgia’s practice of exposing municipalities to tort liability through the use of nuisance law, see 12 Ga. St. B. J. 11 (1975). For article discussing origin and construction of Georgia statute concerning municipal liability for street defects, see 14 Ga. L. Rev. 239 (1980). For annual survey of local government law, see 38 Mercer L. Rev. 289 (1986). For annual survey article discussing local government law, see 51 Mercer L. Rev. 397 (1999). For survey article on local government law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 353 (2003). For annual survey of local government law, see 58 Mercer L. Rev. 267 (2006). For note discussing state liability for highway defects and waiver of sovereign immunity under U.S. Const., amend. 11, see 27 Emory L.J. 337 (1978).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t32-(v23a)-2019-pdf.pdf, Volume V23A, 2019 edition, pages 172 to 173; merge action: annotated; file SHA-256 04a286a38b4e.

Ask about this section

The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.